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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Richard Horton & a. v. David Clemens & a. (2020)

Citation
Richard Horton & a. v. David Clemens & a. (2020)
Parent Document
Richard Horton & a. v. David Clemens & a. (2020)
Jurisdiction
New Hampshire (state)
Effective Date
2020-08-11

Other Sections in This Document (35)

Full Text

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The plain language of RSA 540:5, II does not support the landlords’
argument. Although RSA 540:5, II does not require a landlord to use the
judicial branch forms, the statute expressly provides that “a valid demand for
rent or eviction notice shall include the same information as is requested and
provided on such forms.” RSA 540:5, II. The use of the word “shall” evidences
that this is a mandatory requirement. Appeal of Coos County Comm’rs, 166
N.H. 379, 386 (2014) (“The general rule of statutory construction is that the
word ‘may’ makes enforcement of a statute permissive and that the word ‘shall’
requires mandatory enforcement.” (quotation omitted)). Had the legislature
intended the eviction notice to be legally sufficient provided that it meets the
requirements of RSA 540:3, the legislature could have said so. To the extent
that there is any conflict between RSA 540:3 and RSA 540:5, II, RSA 540:5, II
controls because both statutes are equally specific as to eviction notices and
RSA 540:5, II is the later-enacted statute. Cf. Petition of Public Serv. Co. of
N.H., 130 N.H. 265, 283 (1988) (noting that the specific, more recently-enacted
statute controls over the general, earlier-enacted statute).